Secondary Sc Claims While Still In Appeal Process

[michaelr5343]

My original PTSD claim is in the appeal process at the RO, hopefully soon to get a bump from 70% to 100%. Recently, I was diagnosed with bruxium (teeth grinding) due to nightmares. Obviously, I want to add this to the list of service connected disabilities. However, my reading suggests any additions to my claim at this time might have a slowing effect in the adjudication of my original claim. On the other hand, I think the claim of bruxium adds to the totality of circumstances which evidences the exacerbation of my condition and thus, bolsters my original claim. What are your thoughts and/or experiences in this area?

If yes to submitting claim now, what is the best way to introduce this claim to the RO? (I'm in the process of completing the Dental DQB with my civilian dentist and I'm holding a completed VA Form 21-526b, as well as other supporting documentation)

[michaelr5343]

I guess I'll never get the answer. The question is now moot for me now since the board increased me to 100%.

[VADDS]

Berta:

It is perfectly appropriate and reasonable to file for secondary connection for TMJ, if the TMJ was caused by PTSD associated bruxism. That was not the issue under discussion. What I stated was that it will be inappropriate for VBA to rate and grant service connection for bruxism, until and unless the VA requests a rule change to to the CFRs to create a disease diagnosis code for bruxism, add it to the 9900 Series, and establish criteria to rate the severity of it.

[carlie]

http://www.va.gov/vetapp11/Files3/1123620.txt

ORDER

Service connection for bruxism is granted.

http://www.va.gov/vetapp03/Files/0307941.txt

Upon consideration of the overall evidence, the Board finds

that the record contains credible supporting evidence that

the veteran's bruxism is proximately due to the service-

connected PTSD. Accordingly, service connection is

warranted.

ORDER

Entitlement to service connection for bruxism, as secondary

to service-connected PTSD, is granted.

[meghp0405]

Berta:

It is perfectly appropriate and reasonable to file for secondary connection for TMJ, if the TMJ was caused by PTSD associated bruxism. That was not the issue under discussion. What I stated was that it will be inappropriate for VBA to rate and grant service connection for bruxism, until and unless the VA requests a rule change to to the CFRs to create a disease diagnosis code for bruxism, add it to the 9900 Series, and establish criteria to rate the severity of it.

I assisted a veteran that was granted SC for bruxism, we tied it into PTSD and TMJ. I believe he was awarded 20%. It is possible.

[meghp0405]

I guess I'll never get the answer. The question is now moot for me now since the board increased me to 100%.

congratulations on your award! Are you T & P 100% or TDIU? If you should find the need to submit another claim, use VA FM 21-526ez (fully developed claim) , submit all supporting documentation with it. These claims are being adjudicated within 90 days.

[michaelr5343]

meghp0405:

Thanks for responding. I was awarded 100 percent on Dec 21 with a future appointment in 6 years. I'm going to complete a separate exam/opinion which speaks to the permanent nature of my PTSD, couple that with any other supporting documentation (SSDI Award letter) etc. and file a NOD/Request for De Novo review. Hopefully the DRO will adjudicate it at their level in St. Petersburg and not escalate it to the BVA.

I found the form you mentioned and planned on sending it in as well